Andrews v. Chesapeake & Ohio Railway Co.

Holt, J.,

dissenting.

The plaintiff, Mr. Andrews, was guilty of negligence which contributed t.o his accident. That phase of this case is forcefully expressed by the trial court, which said:

“It stands out like a sore finger that the plaintiff was guilty of contributory negligence as a matter of law.”

From wíiich it follows that he should not recover, whether the Railway be guilty or blameless.

Hudgins, J., concurs in this dissent.